The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-01-29
The Defense OPENS.

At the sugzestion OF the Court the
Jury were taken to their rooms, as
counsel wanted to discuss the admissi-
bility of a deposition or parts of 1t
now offered by defendant. After the
jury had been sent out Col. Harris
read from the deposition OF
+. n. sHERwIN
this answer to IL terroeatory, PROFOUND
ed in deposition: l was at the Pea.
body Rbtel on December 9th, and
saw Irbton's body lying on the flor.
Sa " 4me one pick up something near
the body. C1uId not say what 1t was
or who picked it up. This and several
others, hs c1ntended, should not be
ad nltted. The Court said he would
permit the deposit on to be read, and
the Jury were now brought back and
tn deposition read as follows in SUBJ
stance:
READING THE DEP csITIoN.
NY name is F. Il Sherwiu, and re-
side in Baltimore, Md. 1 was in Mem
phjs on December 9th lest, and was at
the Peabody Hotel. Deponent then
goes a to say that he was sitting on
settee in the hotel very near TO Dalton
when God win came from toward the
west end Of the rotunds. He noticed
very peculiar look on Godwin's face;
Said he had sickly or troubled look,
and wild expression about the eye.
Saw him look over the register for a
moment, then started toward the
front door. When he got opposite to
whers Dalton was sitting l saw Dalton
make a quick movement-put his
hand to his hip pocket-and then
God win drew his pistol and fired; he
then fred three more shots, walked
up to the cigar stand, laid his pistol
down on the stand. Just after the
last shot was fred saw man lean
over the body, and ther take some
thing out Of his pocket or from the
floor very near his person. The man
then walked away, and lost sight Of
him. could not see what II WIS he
picked up, and / do not know the man.
he was stranger to me. About an
hour before the killing i heard
man say to Dalton that he
had seen Goodwin on the street.
That he was looking pale and excited.
Dalton replied he did not cara for
Goodwin, thst he was ready for him,
and placing his hand on his hip said
he was fixed and could take care OF
himself | did not know either OF
them at the time. They held this
conversation in an undertone, and
YVES standing very near them at the
time. / never saw the man that Dali
ton was talking to atsrward. In au-
swer to cross interfogatories the de-
ponent says he is a travelling sales
man, and that on the occasion men,
toned he wss in Memphis selling rub
Der finger shields for pen holders, and
that he left Memphis on the eighth
day OF December, 1885,
This deposition was taken in st.
Louis on the fourth day OF January,
1887, and signed F. E. Sherwin, aged
SO years.
SENSATIONAL DISPOSITIONS.
AS soon as the reading OF this
deposition was concluded, Gen. Peters
again asked that the jury be retired, as
there were other dispositions to be OF.
fered by the defendant that he was Of
opinion should not be permitted, and
did not wi h the jury to be present
durirg the discu sion. The jury were
again sent to their room, when the
Court asked to be informed Of the
nature of the deposition objected to.
At the request OF Gen, Peters, Col.
CAN'T stated that they bad several
dispositions that he wished to read to
the jury, among them was the one he
then held in his hand, and was the
deposition of Dr.. W. P. Fleming, q
merchant OF Mariana, Ark, and 10
, said deposition deponent stated that
he had heard Dalton on various occa'
, SONS boasts OF his intimacy with
! Mrs. Polk, the sister OF the de-
) fendant; that during last summer
I Dalton was In Mariana making these